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Form N143 Interim Hospital Order UK: Guide

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Part ofCounty Court Forms UK

Written by Brad Askew Solicitor (non-practising)
Brad is on the roll of solicitors of England & Wales but does not hold a practising certificate and does not provide legal advice.
Updated June 2026 · England & Wales
If a criminal court is weighing up whether a defendant should be treated in hospital rather than sent to prison, it can pause and test that route first using an interim hospital order. Form N143 is the court document that records this decision, setting out where the person will be admitted, for how long, and the conditions attached. It sits within a wider framework under the Mental Health Act 1983 that lets judges take medical evidence seriously when mental illness or serious mental impairment is a factor in a case. In this guide I will walk through what the form does, how a court arrives at the decision to issue one, what happens to the patient during the period of detention, and the points that often cause confusion for families and defendants trying to make sense of the process.

What this document is

An interim hospital order is a temporary court order that sends a convicted defendant to a named hospital for assessment and treatment, so the court can see whether a full hospital order is the right outcome. It is made under section 38 of the Mental Health Act 1983, while section 37 deals with the full (non-interim) hospital order.

Form N143 is the Crown Court document that records the making of an interim order and communicates it to the hospital, the defendant, and other relevant parties. The form typically sets out the defendant's details, the offence, the hospital named for admission, the arrangements for conveying the patient there, the period the order covers, and the date of the next hearing where the court will review progress.

An interim order is not the final disposal of the case. It gives the clinical team time to assess the defendant properly in a hospital setting and report back to the court, which then decides whether to make a full hospital order, return the defendant for sentencing, or take another route.

How to use this document

  1. Medical evidence is presented to the court. Two registered medical practitioners, at least one of whom is approved under section 12 of the Mental Health Act 1983, give written or oral evidence that the defendant has a mental disorder of a nature or degree that makes hospital treatment appropriate. The court cannot make an interim order without this clinical foundation.
  2. The court considers whether an interim order is suitable. The judge weighs the medical evidence alongside the offence and the defendant's circumstances. An interim hospital order is typically used when the court wants to see how the defendant responds to treatment before committing to a full hospital order, so it is a deliberately cautious, information-gathering step rather than a final sentence.
  3. Form N143 is drawn up and issued. Once the court is satisfied, the order is recorded on Form N143. The document names the receiving hospital, records the period of the order, sets out how the defendant will be conveyed there, and fixes the date for the case to return to court. A certificate of service ensures the defendant is formally notified.
  4. Admission to hospital within 28 days. The defendant must be admitted to the named hospital within 28 days of the order being made. If admission does not happen in that window, the order lapses and the court has to reconsider the position. The hospital receiving the patient takes over responsibility for their detention and care.
  5. Ongoing review and return to court. The responsible clinician monitors the patient throughout the interim period and reports back to the court. The court can renew the interim order for further short periods up to a statutory maximum, decide to make a full hospital order, or bring the defendant back for sentencing in the usual way depending on how the assessment has gone.

Common questions

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Common questions

Q What is the difference between a section 37 and a section 38 order?
Section 37 of the Mental Health Act 1983 is the full hospital order that disposes of the case, sending a convicted defendant to hospital for treatment instead of prison. Section 38 is the interim version, designed as a trial period so the court can see how the defendant responds to treatment before deciding whether a full order is the right outcome. Form N143 is used for the interim order.
Q How long does an interim hospital order last?
An interim hospital order is made for a short initial period and can be renewed by the court for further short periods up to an overall statutory maximum. The idea is to give the clinical team enough time to assess the defendant properly without leaving matters open-ended. Exact durations are set out in the Mental Health Act 1983, so it is worth checking the current legislation or asking at the hearing.
Q Who decides which hospital the defendant goes to?
The court names the hospital on Form N143, but only after evidence that a bed is available and that the hospital is prepared to receive the patient. In practice, the choice is shaped by the clinical team, the type of facility the defendant needs (for example, a secure unit), and the availability of beds. The named hospital is responsible for the patient once admitted.
Q Can the defendant be held in hospital indefinitely under this order?
No. An interim hospital order is time-limited and has to be reviewed by the court. The responsible clinician reports back on progress, and the court then decides what to do next. Detention can be extended within the statutory limits, converted into a full hospital order under section 37, or ended so the defendant returns to court for sentencing.
Q What happens if the 28-day admission window is missed?
The interim hospital order takes effect on admission, and admission has to happen within 28 days of the order being made. If that does not happen, the order cannot take effect and the matter must go back before the court. In practice, hospitals and courts coordinate closely to make sure the admission date is realistic before the order is made.
Q Does the defendant have any say in the process?
The defendant is represented at the hearing and their legal team can challenge the medical evidence or argue against an interim order. Once detained, the patient has rights under the Mental Health Act 1983, including access to an advocate and the ability to raise concerns about their treatment. Family members can also be involved depending on the circumstances.
Q Is an interim hospital order a criminal conviction?
The order follows a conviction, so the defendant has been found guilty of an offence before the court considers hospital disposal. The interim order itself is not the final sentence; it is a step the court takes before deciding how to dispose of the case. The final outcome could be a full hospital order, a prison sentence, or another form of disposal.
If you're dealing with this kind of situation, speak to an experienced legal adviser who can walk you through it — from £89.

Sources

This guide is based on primary UK law and official guidance.

Brad Askew, Solicitor (non-practising)

Written & reviewed by

Brad Askew Solicitor (non-practising)

Brad is on the roll of solicitors of England & Wales but does not hold a practising certificate and does not provide legal advice. LegalDocuments.co.uk is not a law firm and does not provide regulated legal advice.

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Legal disclaimer
This article is for general information only. It is a tool to help you find your way — not legal advice, and not a substitute for speaking to a qualified adviser about your situation.